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Will of Richard Bury (or Burie) [1584-1661]

Capital Burgess and Mayor of Dorchester (1640 & 1650)

Will dated 20th March 1660 - Proved PCC 11/305 on 25th Oct 1661

Modern English Transcription below - Link to Original Transcription
Link to a short account of his life

Transcribed by Michael Russell OPC Dorchester - November 2010 - queries in red
for Richard Crumbleholme of Winterborne Steepleton
who has kindly agreed to this being displayed on the OPC website.


In the Name of God Amen:
The twentieth day of March in the year of our Lord Christ one thousand six hundred and sixty and in the thirteenth year of the reign of our sovereign Lord Charles the Second by the grace of God of England, Scotland, France and Ireland, King and defender of 'The Faith'. I RICHARD BURY of London Esquire being sickly in body, but of good and perfect mind and memory (the Lord have the praise) for the discharging of my duty do make and declare this my Last Will and Testament in manner and form as follows, that is to say that I commend and yield my soul into the hands of God my faithful redeemer and saviour,

    And my body I commit to the earth to be decently buried at the discretion of my executrix hereinafter named  
    And as for that worldly estate with which God of his goodness hath blessed me I give devise and bequeath the same as follows:-
Firstly: I give and bequeath unto my overseers, hereafter named, the sum of one hundred pounds in money in trust and confidence and with intent that they shall pay

bestow and dispose of the same to and for such charitable uses as they in their discretion shall think fit which in thankfulness to God for his mercies unto me and in honour to his name I do return to him.

Item: I give and bequeath to the Mayor, Bailiffs and Aldermen of the Borough of Weymouth and Melcombe Regis (the place of my birth and duration for some years) and to their successors All that my messuage or tenement with all and singular lands hereditaments and appurtenances whatsoever thereunto belonging

    And the reversion and reversions remainder and remainders thereof situate in Bockhampton (1) near Dorchester in the County of Dorset now or late in the possession of Mr John CHURCHILL Clerke (2) now or late Minister of Steeple in the Isle of Purbeck for his life and the lives of his two daughters Mary and Elizabeth CHURCHILL to be and remain in the said Mayor Bailiffs and Aldermen and their successors for ever upon trust and confidence in them reposed to be by them managed and disposed of immediately after the said lives shall expire to the uses intent and purposes hereafter mentioned that is to say to the intents and purposes that out of the rents issues and profits of the premises the said Mayor Bailiffs and Aldermen and their successors shall yearly and every year for ever pay or cause to be paid employed and bestowed the sum of Twenty Pounds of lawful money of England for and towards the breeding and education of two scholars sons of Godly parents that shall be taught in the Free School of Dorchester and from there be sent to either of the Universities of Oxford or Cambridge and there continue until they shall have other preferments conferred on them there or for so long time as the said Mayor Bailiffs and Aldermen and their successors shall think fit
    And afterwards the said Twenty Pounds to be bestowed in like manner for towards the breeding and education of two such other scholars to be qualified as are before mentioned which shall be of the  towns of Weymouth and Melcombe Regis or if there shall be none such there then out of the Borough of Dorchester
    And if there shall be none such there then out of any other town or place within the said County of Dorset at the order of the said Mayor Bailiffs and Aldermen aforesaid and their successors
    And my Will is that the said Twenty Pounds paid shall be employed to no other use than towards the breeding of such children in learning for the use and service of the church of God
    And upon this further trust and confidence that the said Mayor Bailiffs and Aldermen and their successors shall pay and dispose of the residue of the rents issue and profits of the premised yearly and every year for ever unto fine handicraftsmen such as shall fear God and be industrious in their callings and of good report in the church of God, unto each Forty Shillings
    And for want of such handicraftsmen Then I will and appoint the residue of the said Rents issues and profits to be paid unto seafaring men that shall be so qualified and in such proportions as the devise is limited to handicraftsmen

Item: I give devise and bequeath unto the Mayor Bailiffs Aldermen and Capital Burgesses of the said Borough of Dorchester and unto their successors All that my messuage or tenement with all and singular lands hereditaments and appurtenances whatsoever thereunto belonging And the Reversion and Reversions Remainder and Remainders thereof situate in Bockhampton aforesaid now of late in the continued possession or occupation of William COX for his life and for the lives of Katherine PERHAM and of Thomas COX to be and remain in the said Mayor Bailiffs Aldermen and Capital Burgesses and their successors for ever upon trust and confidence in them reposed to be by them managed and disposed of immediately after the said lives shall expire to and for the uses intents and purposes here after mentioned that is to say to the intent and purpose that out of the rents issues and profits of the last mentioned tenement the said Mayor Bailiffs Aldermen and Capital Burgesses and their successors shall yearly and every year for ever pay or cause to be paid employed and bestowed Ten Pounds of lawful money of England paid for and towards the breeding and education of one scholar the son of Godly parents living on or near Dorchester that shall be taught at the Free School in Dorchester and afterwards at either of the Universities of Oxford or Cambridge until he shall have other preferments bestowed on such scholar at one of the said Universities or for so long time as the said Mayor, Bailiffs Aldermen and Capital Burgesses shall think meet

    And so from time to time after the preferment or removal of such scholar the said Ten Pounds per annum to be disposed of and employed for the education of another scholar so qualified as aforesaid either living within the said Borough of Dorchester if any such there be or in default of such then out of any other town within the said County of Dorset
    And my will is that this said Ten Pounds per annum and last mentioned shall not be employed to or for any other use but to breed up such scholar successively for ever in learning for the use and service of  the Church of God
    And upon this further trust and confidence that the said Mayor Bailiffs Aldermen and Capital Burgesses of Dorchester and their successors shall out of the rents issues and profits of the last mentioned tenement yearly and every year for ever pay and dispose of the sum of Eight Pounds per annum to and for the use of the Hospital in Dorchester to breed up poor children in learning and labour there as  now is used
    And upon this further trust that the residue of the same rents shall be expended and laid out yearly in the buying of garments to clothe two poor widows who shall be godly and shall dwell in either of the parishes of the said Borough that shall have most need of relief.

Item: I give and bequeath unto my servant Martha BAKER who hath lived with me many years and spent her strength in the service of me and my children whensoever she shall go from my wife to live privately either Five Pounds per annum during the term of her natural life to be paid her quarterly by equal portions at the four usual quarter days of the year, or else the sum of Forty Pounds in money to be paid her in time of her departure from my wife at the election and choice of the said Martha BAKER.

Item: I give and bequeath unto the poor people that are members of the Congregated Church of Christ that is in Weymouth and Melcombe (Regis) Forty shillings and to the poor Christians that are members of the particular Congregated Churches of Christ in Dorchester Three Pounds

    And unto the poor of that church of Christ in London whereof I am a member Three Pounds which last mentioned legacies I will shall be paid to and distributed by the deacons or other officers of the said several churches amongst the poor there at their discretion
    And I do hereby declare that I intend, not by the poor of the Churches of Christ the generality of the poor people inhabiting in the precincts and parishes aforesaid, but only such of them who hold communion with the respective particular & separate congregations
    And in case the church wardens or overseers for the poor of any of the parishes aforesaid shall claim or sue for the said legacies for the poor of the same parishes by virtue of this my will Then my will is that the same legacies shall be utterly void and of none effect
    And whereas I stand indebted to several persons for several sums of money hereunto named
    And whereas I formally settled by deed on my brother Mr William TWISSE of Dorchester and Mr John BENBOW of London grocer(5) my little dwelling house in Dorchester and my Mills at Broadway with all the appurtenances unto them respectively belonging Also the moiety of the Manor of Pannington in the County of Gloucester, the Manor of Grimstone (15) in the County of Dorset, the moiety of two farms in Balting in the County of Berks All which premised excepting said house and Mills are public title upon trust and confidence in my said brother TWISSE and Mr BENBOW reposed that they should sell the said premised for payment of my debts with the money that should be raised by such sale Now for as much as my said dwelling house is mortgaged for one of my debts mentioned in the said schedule and I have sold my said Mills and my title to the said public lands is doubtful I do therefore revoke the said deed and declare the same to be absolutely void.

Item: I do hereby give devise and bequeath unto Mark COE girdler(4) John BENBOW grocer (5) William TREFFUSIS (6) haberdasher citizens of London William TWISSE of Dorchester moreover my Brother in Law and to Jeremiah BAXTER draper and Joshua BROOKES haberdasher citizens of London and to their heirs and assigns All those my four thousand one hundred and fifteen acres of meadow arable lands and profitable pasture Irish measure(7) fallen by lot in the Barony of Kenry in the County of Limerick in the province of Munster in Ireland whereof one thousand four hundred (and) forty four acres one rood and thirty one poles part of the said four thousand one hundred and fifteen acres are in the north east quarter (number one) of the said Barony of Kenry there one thousand four hundred forty four acres one rood and thirty one poles part of the said four thousand one hundred and fifteen acres in the south east quarter (number two) of the said Barony of Kenry and Three hundred ninety two acres three roods and seven pole more next of the said four thousand one hundred and fifteen acres in the west quarter (number three) of the said Barony of Kenry And three hundred thirty three acres one rood and eleven poles residue of the said four thousand one hundred and fifteen acres are in the north west quarter (number four) of the said Barony of Kenry

    And all woods bogs hongties? barren [3 illegible words] edifices waters fishing easements commodities and appurtenances whatsoever to the said lands belonging or appertaining thereof and all such other lands tenements and hereditaments which shall hereafter be allotted and set out in lieu of any part of the said premised [2 illegible words]is devised & bequeathed: And the reversion and reversions remainder and remainders rents issues and profits of all and singular the said lands premised to have and to hold the said four thousand one hundred and fifteen acres of land and premises with the appurtenances to the said Mark COE John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKES their heirs and assigns for ever upon trust to and for the several uses intents limitations and purposes hereafter expressed and declared (vizt) upon trust and confidence that they the said Marke COE John BENBOW William TRUFFUFIS William TWISSE Jeremiah BAXTER and Joshua BROOKES their heirs and assigns shall pay unto my beloved wife Dorothy BURY and her Assigns during the term of her natural life one full third part in three equal parts to be divided of all and singular the rents issues and profits of the said premised for her better support and maintenance
    And upon this further trust and confidence that they the said Marke COE John BENBOW William TRUFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKES and their heirs and assigns shall pay all the rest and residue of the rents issues and premised the said premised during the term of my wife's natural life
    And all the rents issues and profits of all and singular the premised from and after her decease forever towards the payment discharge and satisfaction of my debts mentioned in the said schedule in such order as they and therein set down (that is to say) the first debt therein set down to be first satisfied and all the rest of the same debts as they are successively set down, together with damage for the interest and forbearance there of until all the same debts shall be paid
    And upon this further trust and confidence that after payment and satisfaction of all the said debts and reduction of all such reasonable and necessary charges expenses and disbursements as the said Marke COE John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKS their heirs and assigns or any of them shall be at and expend and disburse in or about the management and performance of the said Trusts that Then they the said Marke COD John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKS their heirs shall convey and assure the said Four Thousand One Hundred and Fifteen Acres of Lands and premised in Ireland as followeth (Vizt) the said One Thousand Four Hundred Forty Four Acres one rood and thirty one pole with their appurtenances fallen by lot in the North East Quarter (Number One) of the said Barony of Kenry
    And also those Fifty Five Acres two roods and eight pole and a half of lands which was the son of Robert TUTCHIN Clerke for five and twenty pounds and which I purchased of him being a parcel land within the three hundred thirty three acres one rood and eleven pole fallen by lot in the North West Quarter (number four) of the said Barony of Kenry
    And all such other lands tenements and hereditaments whatsoever which at any time here after shall be allotted and set out in lieu of the same or any part thereof to my son John BURY and the heirs of his body for ever
    And the said one thousand four hundred & forty four acres and seven pole of lands with their appurtenances fallen by lot in the said South East Quarter (number two) of the said Barony of Kenry (Except as hereafter is excepted)
    And also two hundred and twenty two acres thirty four poles in (number four) which was the lot of William Ben Clerke for one hundred pounds (vizt) the common to the Ballynoes(8) containing three and twenty acres, Ballynoe moor containing seventy six acres and two roods, Ballynoe bog containing thirteen acres Hartelasse? part of the Ballynoes containing one and thirty acres
    And one rood in the South of Milltowne by an east and west line seventy eight acres one rood and thirty four pole besides eight acres of unprofitable bog (except one hundred and two acres one rood and four and twenty poles in the north of Kilcurrtley by an east and west line whereof the thirty eight acres of controversy are included
    And except also two hundred and twenty seven acres the remainder of Drummone belonging to the said Dumdent? in (number two)
    And all such other lands tenements and hereditaments whatsoever which are any time hereafter shall be allotted and set out in lieu of the same or any part thereof (except before excepted) to my son Phineas BURY and the heirs of his body forever
    And the said eight hundred ninety two acres three roods and seven poles fallen by lot in the south west quarter (number three) of the said Barony of Kenry
    And the said one hundred and two acres one rood and twenty four poles before excepted out of the said one thousand four hundred and forty acres and seven pole given to my said son Phineas
    And the said three hundred and thirty three acres one rood and eleven poles fallen by lot in the north west quarter (number four)
    And the said two hundred and twenty seven acres the remainder of the Drummone belonging to the said Dundent? in (number two) before excepted out of the proportion of my said son Phineas (except the said fifty five acres two roods eight poles and a half part thereof before given to my said sonne John
    And except also the said two hundred & twenty two acres thirty four poles in (number four) which was the lot of the said William BEN Clerke before particularly mentioned besides eight acres of unprofitable bog before herein given and devised to my son Phineas and the heirs of his body)
    And all other lands tenements and hereditaments whatsoever hereafter to be set out and allotted in lieu of the same or any part thereof (except before excepted) to my son Thomas BURY and the heirs of his body forever
    And whereas I have by Indenture bearing date the eighteenth day of this instant March demised all my said lands in Ireland to my said son John BURY for the term of one and twenty years commencing the first day of May now next ensuing if my said son John shall so long live at and under the yearly rent of three hundred pounds per annum Now my will and mind is that if my said wife shall happen to die during the term of the said lease That then the said three hundred pounds reserved upon the said lease after satisfaction of all and every my said debts mentioned in the said Schedule shall be paid to my said Sons Phineas and Thomas their heirs and assigns during the residue of the said term of one and twenty years share and share alike
    And that during my said wife's life in case she shall happen to live until all my said debts shall be discharged from the time of the discharge thereof I will that my said Sons Phineas and Thomas their heirs and assigns shall have and enjoy one hundred pounds per annum a piece during the continuance of the said lease provided always that if my said son John shall be minded after the decease of my said wife in case she shall happen to die during the said lease to surrender the said lease and accept of the conveyance of the proportion of the said lands in (number one) according to the limitation aforesaid Then I will that my said sons Phineas and Thomas their heirs and assigns shall pay and allow unto my said son John and his executors or assignees the sum of one hundred pounds (Vizt) each of them fifty pounds at the time of such surrender of the said lease
    And my will and mind is that in case any of my said sons shall happen to die without issue of their bodies lawfully begotten Then I do hereby give and bequeath the part of the lands before appointed to be conveyed to such of my sons that shall die without issue of his or their bodies to my four daughters Dorothy WHITE Sarah CLARKE Mary CROMLEHOLME and Elizabeth WATTS To be held to my said four daughters and the heirs of their bodies equally share and share alike
    And in case any of my said daughters shall happen to die without issue of her body lawfully begotten Then I will that the part and share of such of them so dying of and in the said lands and premised shall be had held and enjoyed unto by such of my said daughters as shall have issue of their bodies lawfully begotten and unto and by the heirs of their bodies in equal proportions
    And I do give and devise the said Manor of Pannington in the County of Gloucester with the rights members and appurtenances thereof And the said Manor of Grimstone (15) in the said County of Dorset with the rights members and appurtenances thereof And the said moiety of the said two farms in Balling in the County of Berks with the appurtenances
    And the reversion and reversions remainder and remainders thereof if any benefit or advantage shall hereafter accrue thereby to my said four daughters Dorothy WHITE; Sarah CLARKE; Mary CROMLEHOLME; (9) and Elizabeth WATTS to hold to my said four daughters and their heirs of their bodies respectively in such manner as my said Irish lands and limited in case of the death of any of my said sons without issue of his or their bodies lawfully begotten in equal shares and proportions provided always that if such of my said daughters and heirs to whom the last mentioned premised and devised shall not within three years next after they shall be in quiet possession of the said last mentioned premised and shall receive the rents issues and profits thereof satisfy and pay to such of my said sons as shall have paid any of my debts out of the rents and profits of my Irish lands their respective proportions forwards towards the reimbursing of such debts as my said sons shall have so paid for me out of the rents issues and profits of my Irish lands that then the part and proportion of the last mentioned premised bequeathed to such of my said daughters and the heirs of their bodies as shall refuse or neglect to pay their due proportion towards the satisfying my said sons the debts which they shall have paid for me as aforesaid shall be utterly void and of non effect
    And in that case I give and bequeath the part and proportion of such of my daughters and the heirs of their bodies and shall so neglect or refuse to pay their proportions of my said debts as aforesaid to the other or others of my said daughters and their heirs of their bodies who shall pay my said debts as aforesaid
    And in case all my said daughters and the heirs of their bodies shall neglect or refuse to pay the said sums of money charged upon the said last mentioned premised Then I devise and bequeath all and every the same premised to my said sons Phineas John and Thomas and the heirs of their bodies respectively to hold in common

Item: I give and bequeath to son Thomas in case moneys can be saved out of my wife's thirds or otherwise after my wife's decease the sum of two hundred pounds in money the rest and residue of all and singular my goods chattels plate household stuff and other my personal estate whatsoever not hereby before bequeathed after payment of all my debts legacies and funeral expenses I give and bequeath to my said dear and loving wife Dorothy to use and dispose thereof among my children at her discretion

    And I do make and declare my said Wife Sole Executrix of this my last will and testament
    And I do nominate and entreat Samuell Cromleholme. William WHITE, Samuel CLARKE, and Michaell WATTS my sons-in-law and Mr Daniel BULL Clerke(10) the preacher of Gospel at Stoke Newington in the County of Middlesex to be overseers of this my will and to be assisting to my said executrix in the performance and execution thereof
    And that they will accept of forty shillings a piece to buy each of them rings which I give them to wear in remembrance of me;

In Witness whereof I the said Richard BURY have to this my last will and testament contained in the thirteen previous sheets and in this present sheet of writing paper to each sheet set my hand and to this last set my seal on the day of the date first above written

Richard BURY

Signed sealed published and declared by the testator to be his last will and Testament on the day of the date in the presence of us: Brigidine AVIANEN; Samuel CLARK; Elizabeth BULL (10); Lidia STEPHENS:


SCHEDULE of the debts to be paid by my trustees in my Will is as named :-

    To Martha BARBER £20;
    To my brother-in-law Mr Krigidine ANIAMEN £100;
    To my cousin Mr Daniel BULL Cleric 250;
    To Mr Leonard PARRY 50;
    To my sister Mrs Dammaris STRONG (11) 800;
    To 500ti for my dear and real friend at Jno is engaged vizt Wm Mr ??rnior cirred for me 200;
    To Mr Simon ASH Cleric 200; And
    unto Mr KYNEON 100;
    To Mrs Mary HARTSFORUD Spinster 250;
    To my cousin Mr MICHELL? 200;
    To Mr James GOOLD [GOULD] of Dorchester 200;
    To Mrs Alse DASHWOOD my sister in Law 125;
    To Mr Samuell Cromleholme by his wife 200;
    To Mr John DASHWOOD by promise 50;
    To Rowland LOHIRNE (12) and to Francis his wife £20;
    To Sir Francis HOLLIS (13) Knight Baron 150

MEMORANDUM:

That I Richard BURY the testator do this ninth day of April in the year 1661 declare my mind in this present Codicil which I will, shall be deemed and taken for and as part of my Last Will and Testament

I vide first: Whereas I have willed that two hundred pounds should be paid to my son Thomas BURY in case the same can be raised out of my estate Now for as much as I have when bonds dated the 18 March last, from my son John Bury to and in the name of my said son Thomas for the said sum of £200, payable at certain times, which I design and give to him in lieu of the said £200, willed Therefore I declare the said bequest of £200, to my said son Thomas in my said will to be utterly void;

    And whereas I have obtained a judgement in the Kings Bench of Common pleas at Westminster against my son-in-law Mr William WHITE now of London Gent for four thousand pounds debt as well as costs of suit; Now I do hereby transfer and assign over the said judgment, and the said sum of £4,000 with all benefit and advantage to be had and taken by the said judgement to my trustees Marke COD William TWISSE John BENBOW William TREFFUSIS Joshua BROOKES and Jeremiah BAXTER their executors administrators and assigns in trust for and towards the payment of my debts and other the uses of my last will and testament in case he shall hereafter come to be of ability:

In Witness whereof I have to this Codicil set my hand and seal this ninth day of April in the year of our Lord one thousand six hundred sixty and one Richard BURY.

Signed Sealed published and declared this present Codicil by the testator on the day of the date thereof in the presence of Begiduso AVIANON Samuell CLARKE Elizabeth BULL


MEMORANDUM:

That I Richard BURY the Testator do this 24th day of April 1661 declare my mind in this present codicil which shall be taken for and as a part of my Last Will and Testament vizt: whereas the lease I have granted of my lands in Ireland to my son John BURY for one and twenty years, in case he shall so long live, at the yearly rent of three hundred pounds is much under the value of the said lands which I have done for my said son John his preferment and advancement in an intended marriage with Mary TOLDERVY the daughter of Mr Thomas TOLDERVY(14) of Dorchester and in consideration of £500 for which I have received special ties from the said Thomas TOLDERVY to my wife and others towards payment of my debts, to which marrying there is at present a stop put. Now my will and mind is and I do hereby appoint and declare that in case the said marriage shall not take effect and the said sum of £500 shall not be paid according to the bonds then if my said son John BURY shall not pay to my trustees expressed in my will to the uses there in declared the yearly sum of three hundred and 60 pounds for my said lands from the 1st of May 1661 until the 1st of May 1667 and from thence to the 1st of May 1682 the yearly rent of £100 then I will that my said son John BURY shall deliver up his lease to my said trustees to be cancelled and made void or in default thereof I do will and appoint that my said Trustees and their heirs and assigns shall convey and settle the inheritance and reversion of all my said lands in Ireland and all other lands tenements hereditaments there shall be allotted or set out in fein satisfaction or reprisal for any of the same lands tenements to and upon said son Phineas Bury and Thomas BURY and the heirs of their bodies share and share alike in such manner ?othent? other proportions thereof and therein and willed and devised to them in my said will anything therein contained to the contrary thereof in anywise notwithstanding;

    And whereas by a deed bearing date the 18th: March 1660 I have settled an Annuity of £100 per annum upon Mary TOLDERVY of Dorchester Spinster in consideration of £500 to be paid to me and others according to several special ties from Mr Thomas TOLDERVY Tallow Chandler of Dorchester the which settlement I have made for my son John BURY his preferment and advancement in marriage with the said Mary TOLDERVY intended to be confirmed this present April 1661 and whereas at present a stop is put to effecting the said match, and whereas some of the bonds given for the said £500 are already due and the rest growing due, I do therefore will and declare it to be my will that in case the said Thomas TOLDERVY shall well and truly pay the said £500 according to the several bonds that then the said joynture or annuity of £100 per annum shall stand good to all intents and purposes for the use and benefit of the said Mary TOLDERVY during her natural life although my said son John shall happen to die before his return from Ireland and future marriage with the said Mary provided nevertheless if he shall safe return from Ireland and upon his desire of marriage to and with the Lady Mary TOLDERVY either the sayer Thomas shall refuse to give her in marriage or the said Mary shall so refuse to be joined in marriage to the said John BURY within one year after the date hereof then this clause concerning the annuity to the said Mary shall null and void.
    And whereas I am indebted to my son-in-law Mr Michel WATTS the sum of one hundred pounds and to my son in law Mr Samuel CLARKE the sum of three hundred pounds which I had appointed and did intend to satisfy out of the said £500 payable by the said Thomas TOLDERVY now my will and mind is and I do hereby publish and declare it to be my will that in case the intended marriage betwixt my sonne John BURY aforesaid and Mary TOLDERVY aforesaid shall not take effect and thereby my intended satisfaction to my said sons-in-law Michael and Samuel should be frustrated that then my Trustees before mentioned in my will take cause that the aforesaid sums of £100 to my son-in-law Michael and £300 to my son-in-law Samuel CLARKE shall be paid and satisfied out of the rents and profits of my Irish lands aforesaid before any other debts mentioned in the schedule annexed to my said will notwithstanding any clause or any thing expressed either in my will or the schedule of debts annexed thereunto.

In Witness whereof I have to this my second codicil set my hand and Seal the aforesaid twenty fourth day of April 1661:/

Richard BURY; Signed published and declared this present Codicil by the Testator on the day of the date hereof in the presence of Elizabeth BULL Lidia STEPHENS Margaret SHAMBROOKE her/his marke:


PROBATE:

Probate of the Will, testament and codicils was approved at London on the 25th day of October 1661 in the presence of William Mericke Doctor at Law, commissioner by the oath of the relict and executrix Dorothy BURY.

Genealogical Notes:-           [Link to further background about his life under 'The Dorchester Compnay']

(1). Bockhampton is a hamlet within the Parish of Stinsford

(2). John CHURCHILL (1603- 1682) was the son of John Churchill of Muston Piddlehinton in Dorset by his wife Elinor the daughter of Sir John Miller Knt of Little Bredy or Winterborne Came. He matriculated at Queens College Oxford 10 Nov 1621 aged 18 and was awarded his BA on 21st Oct 1624. His MA followed from St Edmund Hall on 26 May 1627. He was ordained as a priest 24 May 1635 and John Hutchins in his history of Dorset states that he was instituted Rector of Steeple Church 22nd June 1637. He remained Rector there for 45 years signing the Act of Uniformity on 22 Aug 1662. He died there on 25 May 1682. He married a Sarah (surname unknown) and they had three children baptised at Steeple Sarah on 3rd Feb 1642; Mary on 6th May 1646; and Elizabeth 8th Feb 1648.

(3). William TWISSE (died 1690) was a wealthy merchant in Dorchester and Josias TERRY (twice mayor of Dorchester) married his sister Margaret Twisse. During Josias Terry's second term of office as Mayor of Dorchester he helped William Twisse become a capital Burgess of the City and hence one of its governing body.

(4). The Will of Mark COE girdler of London is at the National Archives proved 21st May 1670 PROB 11/332

(5) The Will of John BENBOWE grocer of London is at the National Archives proved 24 Aug 1655 PROB 11/317

(6). The Will of William TREFUSIS Haberdasher of London is at the National Archives proved 28 Mar 1664 PROB 11/313

(7). Place types and land allocation in Ireland Acre - An Irish acre, the measure used from the 17th century, equalled 1.62 statute (English) acres. Also called a plantation acre.

(8). According to the Lewis Topographical Dictionary, dated 1837 - Ballynoe is a parish, in the barony of Kinnatloon, county of Cork, and province of Munster, 6 miles (W. by s.) from Tallow It is situated on the old road from Castlemartyr to Fermoy, and comprises 10,271 statute acres, of which 50 are woodland, 1500 bog, and 8721 arable and pasture land

(9). His daughter Mary Bury married Samuel Cromleholme MA (1618-1672) Master of the Free School in Dorchester between 1651-1657 but they had no children.

(10). Daniel BULL (1633 -1697/8) For full account of his life see DNB. The following is relevant in respect of this will - Elizabeth BULL one of the witnesses was clearly his wife. DNB describes him as :-

    Clergyman and ejected minister, probably the Daniel, son of Christopher Bull, curate of the parish of Sturminster Marshall in Dorset, who was baptized there on 1 December 1633, although nothing certain is known of his origins or early life. It is possible that Bull attended Cambridge University: a sizar of his name matriculated from Emmanuel College in September 1647, graduated BA in 1650 and MA in 1652 from Christ's College, was incorporated at Oxford in 1654, and was fellow of Christ's 165054, but this man might be another Daniel Bull, ordained priest at Lincoln on 1 September 1662. The future nonconformist is first definitely encountered in August 1655 as rector of Wyke Regis, Dorset. Perhaps it was while Bull was still in the west country that he met and married Elizabeth (d. 1671), daughter of Sir George Vaughan of Tiverton, in Devon, but their eldest son, Nathaniel, was baptized on 3 May 1659 at Stoke Newington, Middlesex, where Bull had been chosen as minister by the vestry on 27 September 1657, Cromwell confirming the appointment on 25 November. At the Restoration in 1660 the former rector, William Heath, was reinstated but Bull continued to preach in the parish, perhaps as curate, until August 1662. Though he was reported in 1664 as preaching in Smithfield and the Minories, it is clear that Bull stayed at Newington and he was probably the founder of the presbyterian congregation there. He also renewed his connection with Dorset, preaching in 1669 with Edward Buckler, ejected minister and former rector of Wyke Regis, at several places including the house of Michael Hervey JP at Yetminster, before sixty or seventy people. In April 1672 he was granted a licence to preach at his house at Stoke Newington.
(11.) Damaris STRONG referred to in the above scheule as being owed £800 and being his 'sister', left a Will dated 2nd October 1681 which was proved on 7th Feb 1682 (Ref PROB 11/369) and this has been transcribed and can be accessed via the link provided.

(12). The only person with a name anything like this that I can locate at this date is Rowland LAUGHARNE (1607-1675) who was a soldier in the Civil War. He came from St Brides House in Pembrokeshire and was Parliaments commander in South Wales but sided with the insurgents and took command of the rebel army. In 1648 he was wounded in battle and after surrendering to Oliver Cromwell's army was sent to London where he spent most of the 1650's in prison. After the Restoration he was elected MP for Pembroke in the Cavalier Parliament (16611679) His portrait is to be found in the National Portrait Gallery [1]. Whether this is the correct person listed would need further research.

(13). This is Francis HOLLES (1627-1695) the son born in Dorchester of Denzil HOLLES (1599-1679) and Dorothy ASHLEY. Francis HOLLES Will is available at the National Archives proved 4th march 1695 Ref PROB 11/429.

(14). This surname can be spelt TOLDERVY; TOLDERVIE, or TOLDERVEY but the only ref that I can find to them in Dorchester around this date is at the National Archives on the A2A website where the Dorset History Center has recorded a document under Ref D/RGB/KF114 dated 1660 for a "Thomas Chaplin condition to Thomas TOLDERVY". There is an earlier Will for a Thomas TOLDERVIE Chandler of Dorchester proved 26 Oct 1616 who could have been an ancestor.

(15). Grimstone is a small hamlet in the parish of Stratton in Dorset

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